Small Claims Court Case Types
A variety of cases are handled in small claims court. From a security deposit on a rental to a motor vehicle accident. However, small claims court cannot handle assignments of claims (where one person transfers their interest in an action to another), a divorce proceedings, and cases filed by collection agencies or agents.
Can I file my case in small claims court?
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). You cannot seek injunctive relief. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. This would be called injunctive relief.
Do I need A Lawyer?
Small claims court litigants in Texas normally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Atascosa County court clerk before proceeding down to the courthouse to file your action. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Where do I file my small claims court case?
You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011).
Can I appeal my case?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Who is the judge in a Small Claims Court case?
A Justice of the Peace for Atascosa County hears small claims court cases for Atascosa County. Small Claims actions are heard in 4 courthouses throughout Atascosa County.
What is the trial like?
Small claims court trials are very informal compared to a regular civil trial. This allows the trials to be conducted in a much more informal fashion. Additionally, the judge is allowed to ask questions of the parties and witnesses, and generally takes a more proactive role in determining the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. A jury trial will likely last longer, probably a few hours.
Atascosa County Court Locations
Precinct 1 Courthouse in the City of Pleasanton
This courthouse is located at:2136 2nd St Pleasanton, TX 78064
Precinct 2 Courthouse in the City of Lytle
This courthouse is located at:1567 FM 3175 Lytle, TX 78052
Precinct 3 Courthouse in the City of Jourdanton
This courthouse is located at:810 Main St Jourdanton, TX 78026
Precinct 4 Courthouse in the City of Pleasanton
This courthouse is located at:744 Hwy 281 S Pleasanton, TX 78064-4402